Pradeep @ Golu Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 18681 MP

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 13022 of 2023
                                            (PRADEEP @ GOLU KEWAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-11-2023
                                 Mr. Gajendra Sahu, Advocate for the appellant.

                                 Mr. Nitin Goyal, Panel Lawyer for the respondent - State.

Heard on I.A.No.19014 of 2023, which is first application under Section 389 Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 29.9.2023 passed by

Third Additional Sessions Judge, Guna (M.P.) in Sessions Trial No.05/2019, whereby the appellant has been convicted and sentenced under Section 395 of IPC to undergo rigorous imprisonment of five years with fine of Rs.2000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. In this case, the seizure of stolen property has been prepared prior to the arrest of the present appellant. It is further submitted that witnesses of memorandum and seizure have turned hostile and did not support the case of the prosecution.

Guard (PW-1) has also refused to identify the present appellant during the course of recording of his statement. Further submission is that the appellant has already served incarceration of six and half months out of total jail sentence awarded. The present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11/6/2023 10:04:23 PM

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.19014 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 19.12.2023 and on subsequent dates given by the

Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11/6/2023 10:04:23 PM